Judicial review of warden removal gains momentum
A high profile solicitor is poised to front a judicial review of the removal of wardens from sheltered housing schemes.
Yvonne Hossack, of Hossacks Solicitors in Northamptonshire, has become a thorn in the side of care providers in recent years for
her widely publicised legal challenges to care service cuts and closures.
Now she wants to take on sheltered housing providers and is planning to offer her services to tenants who have lost their wardens.
Ms Hossack said there were several arguments that could be used in a judicial review, including that the move could breach tenants’ ‘legitimate expectation’ when they moved in that the service would continue to be provided.
Another argument is that the decision to take wardens offsite has been ‘legally irrational’, if the provider can be shown not to have taken into account the potential health effects on tenants.
The solicitor plans to convene a meeting over the next two weeks with Sheltered Housing UK, the lobby group set up to fight warden removal.
Rosemary Hart, head of the care group at legal firm Trowers & Hamlins, said the first hurdle in getting a judicial review off the ground would be showing that the sheltered housing provider was acting as a public body.
She said the second question would be whether the provider had gone through a reasoned decision-making process based on consultation.